Hazard Communication 2012 The Final Rule with GHS

Transcription

1 Hazard Communication 2012 The Final Rule with GHS After a few revisions and much speculation, the long awaited modification to the existing Hazard Communication Standard (HCS) was published in the Federal Register on March The new revision was necessary to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA anticipates that the implementation of the standard will prevent 43 fatalities and prevent 521 injuries annually. GHS is a system for standardizing and harmonizing the classification and communication of the hazards of chemicals internationally for workers, employers, consumers, transportation workers, and emergency responders. GHS creates a logical and comprehensive approach for defining health, physical and environmental hazards and a classification process that uses data on chemicals for comparison to defined hazards criteria. Once the hazards are classified, there are harmonized elements of GHS that communicate the hazards using pictograms, label information, and Safety Data Sheets (SDS). The harmonized elements of classifying and communicating hazards can be used as building blocks for a regulatory body of a country to incorporate into an existing regulatory framework or for a country without hazard communication to develop a standard. Thus, the GHS is an international system to classify and communicate chemical hazards across all countries eliminating the confusion and need for different labels and classification. Under GHS, each chemical will be classified and labeled the same regardless where in the global market the chemical is manufactured, distributed or used. Many countries have already either modified their existing regulations or developed regulations to incorporate GHS. The European Union (EU) issued their directives and standards in 2008 which adopted all classifications with some exceptions and continues to update their requirements for labels and SDS to be consistent with REACH. The first release of the EU Classification and Labeling Inventory was launched on February 13, Singapore adopted GHS in 2008 including the recommendations for the classification, labeling and SDS development. Japan Published a new GHS rule on March 27, 2012 with implementation by December 31, Korea developed their GHS framework in September 2006, which became mandatory by July 11, 2011, and most recently amended their chemical list in 2012 with plant for implementation for all chemicals by Both Vietnam and Thailand published rules in March of 2012 with implementation over the next two to five years. Effect of GHS on the new HCS Because GHS is another way of classifying and communicating the hazards of chemicals, the basic framework of the HCS has not changed. In other words, employers will still be

2 required to have a written program with the same components, provide training, and communicate hazards by labels and SDS, formerly known as Material Safety Data Sheets (MSDS). The scope, applicability and exemptions also remain the same. What has changed is the way that chemical hazards are identified and then the hazards communicated by detailed and standardized information on the labels and SDS. Hazard Classification: The previous HCS was performance based for hazard determination with no set criteria to evaluate chemical hazards. The new HCS uses the standardized GHS harmonized elements where there are set criteria to classify chemicals based on the data available on their hazards. The various classes for health hazards are found in Appendix A and the physical hazards found in Appendix B of the new HCS. Chemicals are classified into categories that compare hazard severity within a hazard class. Once a chemical is classified and placed in the appropriate category, the standardized required label elements and language for warnings are automatically assigned so, therefore, each chemical that falls into the same category will have the same label requirements and language. Labels: One of the biggest changes will be in the label requirements. Chemical manufacturers and importers will be required to provide a label that includes one of two signal words, applicable pictogram(s), hazard statement, and precautionary statements for each hazard class and category for the chemical. Label Information can be found in Appendix C of the HCS. Signal Words: One of two signal words used to readily distinguish between hazard levels and emphasize extent of hazard. DANGER is used for the most severe hazard and WARNING is used for the lower hazard categories. Anyone that reads the labels would be able to readily tell the severity by the signal word Pictograms: One of nine pictograms are associated with a specific category within a hazard class. These include the following: Health Hazard HCS Pictograms and Hazards Flame Exclamation Mark Carcinogen Mutagenicity Reproductive Toxicity Respiratory Sensitizer Target Organ Toxicity Flammables Pyrophorics Self-Heating Emits Flammable Gas Self-Reactives Irritant (skin and eye) Skin Sensitizer Acute Toxicity Narcotic Effects Respiratory Tract Irritant Hazardous to Ozone

3 Aspiration Toxicity Organic Peroxides Layer (Non-Mandatory) Gas Cylinder Corrosion Exploding Bomb Gases Under Pressure Skin Corrosion/Burns Eye Damage Corrosive to Metals Explosives Self-Reactives Organic Peroxides Flame Over Circle Environment (Non-Mandatory) Skull and Crossbones Oxidizers Aquatic Toxicity Acute Toxicity (fatal or toxic Note that for health classification there are different pictograms that refer to toxicity including the Health Hazard for chronic toxicity, the Skull & Crossbones for acute toxicity, and the Exclamation Mark for the lower toxicity such as irritant ant narcotic effects. The Corrosion pictogram is the only one that can be used for both physical and health hazard classification. The Environment Pictogram is not mandatory under the HCS because OSHA does not have jurisdiction for environmental hazards. We may see the EPA incorporate GHS and the Environment pictogram under their own rulemaking in the future. Hazard statement: This is a statement assigned to a hazard class and category that describes the nature of the hazard(s) of a chemical, including, where appropriate, the degree of hazard. Precautionary statement: This is a phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical or improper storage or handling. An example of how the information would be applied to various levels of Acute Oral Toxicity

4 Hazard Category Acute Oral Toxicity Signal Word Hazard Statement Pictogram 1 Danger Fatal if swallowed 2 Danger Fatal if swallowed 3 Danger Toxic if swallowed 4 Warning Harmful if swallowed Safety Data Sheets (SDS): SDS will replace MSDS and will have a 16 section format similar to the ANSI standard, but are still one of the main communication elements of the HCS. The format and components of the SDS will be mandatory with the exception of Sections 12 through 15 of the following sections. Section 1. Identification Section 2. Hazard(s) identification : Must include information as presented on label including hazard class or classes, signal word, Pictograms (the pictograms or hazard symbols may be presented as graphical reproductions of the symbols in black and white or be a description of the name of the symbol (e.g., skull and crossbones, flame, hazard statement, and precautionary statement. Section 3. Composition/information on ingredients: Must include percentage of components in mixtures unless a trade secret claim has been made. Section 4. First-Aid measures Section 5. Fire-fighting measures Section 6. Accidental release measures Section 7. Handling and storage Section 8. Exposure controls/personal protection: Must include PEL and TLV information if available. Section 9. Physical and chemical properties

5 Section 10. Stability and reactivity Section 11. Toxicological information Section 12. Ecological information Section 13. Disposal considerations Section 14. Transport information Section 15. Regulatory information Section 16. Other information, including date of preparation or last revision Additional details of the requirements of each section of the SDS are found in Appendix D of the new HCS. Additional hazards identified by OSHA To address hazards that were not included in GHS, OSHA has designated that class Hazards Not Otherwise Classified (HNOC). HNOC is an adverse physical or health effect identified through evaluation of scientific evidence during the classification process that does not meet the specified criteria for the physical and health hazard classes addressed in GHS. This does not extend coverage to adverse physical and health effects for which there is a hazard class addressed under GHS. In the final HCS, OSHA has removed pyrophoric gases, simple asphyxiants, and combustible dust from the HNOC hazard category and has addressed these chemicals individually with set hazards criteria as described below. Hazard Category Signal Word Hazard Statement Pictogram Pyrophoric Gas Danger Catches fire spontaneously if exposed to air Simple Asphyxiant Warning May displace oxygen and cause rapid suffocation Combustible dust Warning May form combustible dust concentrations in air None None Note that because the classification of hazards is changing this will also have an effect on other standards such as Flammable materials and Process Safety. In addition, substance

6 specific standards will see changes to the labels and warning signs to be consistent with GHS. Implementation schedule OSHA has an implementation schedule that will have the new HCS completed by June 1, Effective Completion Date December 1, 2013 Requirement(s) Train employees on the new label elements and SDS format. Who Employers June 1, 2015* December 1, 2015 Comply with all modified provisions of this final rule, except: Distributors may ship products labeled by manufacturers under the old system until December 1, Chemical manufacturers, importers, distributors and employers June 1, 2016 Transition Period Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards. Comply with either 29 CFR (this final standard), or the current standard, or both. Employers All chemical manufacturers, importers, distributors and employers Preparing for the new HCS Preparing for the new HCS should be at the top of everyone s list. Considerations to make this transition efficient and easier include: Update your chemical inventory to be current and archive MSDS for chemicals no longer used to reduce volume for new SDS Develop training materials and do not delay until Employees will need to know what new labels mean because products already are available with the new GHS information. Determine how to track new SDS vs. MSDS. You will have both to track during the transition

7 Review all new SDS when they arrive for new hazards as this may involve changes to existing programs, industrial hygiene sampling, engineering controls and PPE. Develop an implementation schedule and set realistic goals Update your written HAZCOM plan to be consistent with GHS. There is no doubt that health and safety professionals are in for a very challenging transition over the next four years, but once implemented, the communication of hazards will be consistent and simple. SOMA is prepared to assist you with your transition needs as we enter the next phase of Hazard Communication including: 1. A review of your current written HAZCOM Programs and chemical inventories to identify current status and gaps in your programs as applicable to the new standard. SOMA will also develop an internal implementation schedule for the new programs. 2. For chemical manufacturers, conduct a hazard classification of your products following the new GHS hazard classification. Once classification is complete, a new SDS would be developed and appropriate label information will be determined. 3. Review of the new SDS that your companies receive to identify new hazards based on the new classification system. This information would be needed for you to determine hazard specific training and employee communication as well as identify where industrial hygiene monitoring may be needed to quantify the hazard. 4. Provide HAZCOM training on the new Standard based on the current chemical inventories specific to your chemicals and hazards. Remember that training on the new requirements, pictograms and labels must be completed by If you have developed or modified your HAZCOM program based on the new standard, SOMA can audit your program for compliance with the new standard. 6. For companies that have international concerns, we can provide information and consulting to ensure GHS is implemented based on the specific country s requirements and schedule.